Workers’ compensation allows those who have been injured while at work the opportunity to obtain medical treatment and benefits without the need to file a personal injury lawsuit against their employers. While a majority of injured workers will have the ability to file a claim with ease, there are claims that will be denied. Here, we will discuss various reasons why a workers’ compensation claim can be denied and what you can do to prevent this from happening to you or what you can do to reverse your claim denial.
Why Your Claim Could Have Been Denied
California employers and workers’ compensation insurance companies may look for reasons to reject a person’s claim in order to lessen the amount of benefits they need to provide. In certain cases, an insurance company can deny the claim regardless if the claim was valid or not. Other claims may be rejected based on the following:
- The worker’s failure to report the injury at work;
- The worker’s failure to inform the supervisor in time;
- A lack of witness testimony at the time of the incident;
- The failure to provide sufficient medical and accident information;
- The ailment is the result of a pre existing medical condition;
- The injured worker did not receive the right medical treatment or medical tests; or
- The medical care provider reported that the injury did not occur while the person was at work
Appealing a Claim Denial in California
In the State of California, injured workers that have received a claim denial have the right to contest the rejection. When a claim has been denied, the worker can bring the case to an administrative law judge for review. Once a claim has been rejected, it is important to understand that there are strict workers’ compensation statute limitations in order to appeal the claim. Ultimately, once a claim has been denied, it is in the injured worker’s best interest to seek legal support as soon as possible.
Challenge a Workers’ Compensation Denial and Obtain the Legal Representation You Deserve
Denied workers’ compensation can have many repercussions that could affect your health and your family’s financial wellbeing. If you were injured at work, you should consider seeking the legal advice of an experienced attorney as soon as the injury occurred. Workers’ compensation claims in California are strictly time sensitive and failing to file a claim under the appropriate time frame can seriously affect your opportunity at obtaining the full amount of restitution you deserve. Hire proficient legal support as soon as possible.
Workers’ compensation claim denials and appeals attorney Albert E. Hirst is dedicated to helping injured workers obtain the benefits they need to help them through their recovery process. Workers’ compensation claims are not usually challenging but there are cases that can be unreasonably difficult. If you have received a claim denial, consider seeking proficient legal representation as soon as possible. Obtain the support of a skilled attorney can help you not only obtain an approved petition, but it may also help you receive the benefits you truly deserve.